Opinions Feb. 9, 2024

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The following Indiana Supreme Court opinion was published after IL’s deadline Thursday:
Jason Morehouse and Sarah Morehouse v. Dux North LLC
23S-PL-71
Civil plenary. Reverses the Hamilton Superior Court’s judgment granting Dux North LLC’s motion for summary judgment on the easement-by-prior-use claim and denying Jason and Sarah Morehouse’s motion for partial summary judgment. Also reverses the declaratory judgment establishing an implied easement by prior use over the Morehouse property. Finds the Morehouses are entitled to judgment that Dux has no easement of necessity over their property. Remands to the trial court with instructions to enter judgment for Morehouses on Dux’s claim for an implied easement of necessity and to decide whether Dux has an easement by prior use over the Morehouse property.

Friday opinions

Court of Appeals of Indiana
James T. Morgan v. State of Indiana
23A-CR-1489
Criminal. Affirms the Montgomery Superior Court’s judgment ordering the Montgomery County Sheriff’s Department to retain the seized firearms and ammunition of James Morgan in relation to the state’s “Red Flag Law.” Finds the trial court did not err in admitting a deputy’s testimony and that the state established a probability that Morgan presented a risk of personal injury to himself or to another individual in the future.

A.V. v. State of Indiana
23A-JV-1765
Juvenile. Affirms A.V.’s adjudication in Hendricks Superior Court as a delinquent for committing battery against a public safety official, a Level 6 felony if committed by an adult and resisting law enforcement, a Class A misdemeanor if committed by an adult. Finds the officer had reasonable suspicion to stop A.V. and that the evidence is sufficient to sustain her adjudications.

Damarion J. Moore v. State of Indiana (mem. dec.)
23A-CR-392
Criminal. Affirms Damarion Moore’s convictions of two counts of murder. Finds that any error in the admission of evidence of a photo was harmless because the conviction was supported by substantial independent evidence of Moore’s guilt and that the evidence was cumulative of other properly admitted evidence.

Justin Shinabarger v. State of Indiana (mem. dec.)
23A-CR-1213
Criminal. Affirms Justin Shinabarger’s conviction of Level 6 felony residential entry. Finds the state provided sufficient evidence to support his conviction.

City of Indianapolis v. John Couch (mem. dec.)
23A-OV-1311
Ordinance violation. Reverses the Marion Superior Court’s dismissal of one of the ordinance violations in relation to John Couch’s dogs and focuses on another ordinance violation’s allegations. Finds the trial court erred and remands for further proceedings.

Errick Brown Jr. v. State of Indiana (mem. dec.)
23A-CR-1380
Criminal. Affirms Errick Brown Jr.’s convictions for Level 6 felony theft. Finds the Allen Superior Court did not abuse its discretion by excluding certain evidence.

Daniel Poindexter v. State of Indiana (mem. dec.)
23A-CR-1589
Criminal. Affirms Daniel Poindexter’s conviction of Class A misdemeanor resisting law enforcement. Finds there was sufficient evidence to support the conviction.

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